If you are facing an issue where your spouse refuses to divorce, but you have voluntarily lived separately for over 3 years or lived separately pursuant to a court order for over 3 years, you can file for divorce.
According to the Civil and Commercial Code, Section 1516 (4/2), even if the other party does not consent to the divorce, the important thing is that you must be able to clearly prove to the court that the separation arose from a voluntary decision to no longer visit each other or maintain a marital relationship as husband and wife.
Unlocking the Legal Provisions: How Does Living Separately for 3 Years Become a Ground for Divorce?
According to family law under the Civil and Commercial Code (CCC), the grounds for divorce related to living separately are specified under Section 1516 (4/2), which clearly sets out the following criteria:
- Husband and wife voluntarily live separately: Both parties acknowledge and consent to separate and live their own lives, without maintaining a relationship or supporting each other as husband and wife, continuously for over 3 years.
- Living separately pursuant to a court order: In cases where there are other lawsuits or grounds leading the court to order temporary separation, and that separation has continued uninterrupted for over 3 years.
The term “voluntarily living separately” does not need to be made into a written agreement; rather, it refers to behavior demonstrating an intention to no longer live together. However, if the separation is due to professional necessity—such as one party having to work abroad or in another province while still remitting maintenance funds and maintaining normal contact—this pattern will not be considered a ground for divorce.
Check the Circumstances: What Kind of Separation Allows for Divorce, and What Kind Does Not?
To help those facing this issue gain a clearer picture of the circumstances, Yuttithambhibarn Law Office has categorized the characteristics of living separately based on legal facts as follows:
Cases Where a Divorce Petition Can Be Filed Under Legal Criteria
- Voluntarily separating to live individual lives for over 3 years: Each party moves out to live elsewhere, with no involvement, no financial support, and no behavior indicating a potential reconciliation.
- Intentionally deserting for over 1 year: In cases where separation was not agreed upon, but the other party flees, deserts, or intentionally leaves the other party without contacting back for over 1 year. In this case, the ground for divorce regarding intentional desertion under Section 1516 (4) can be used immediately without waiting for 3 years to elapse.
- Either party is sentenced to imprisonment for over 3 years: If the court delivers a final judgment for imprisonment and that imprisonment causes the other party undue damage or hardship.
Cases That Cannot Be Used as Grounds for Divorce
- Living separately due to occupational duties or necessity: For example, one party must work in another province or move to care for ailing parents, but both parties still maintain their marital status, call each other, send maintenance funds, or visit each other whenever possible. Even if living separately for more than 3 years, a divorce petition cannot be filed on this ground.
What Needs to Be Prepared: Key Evidence in Filing for Divorce When the Other Party Refuses
When one party refuses to go register the divorce at the District Office, relying on court proceedings is the best solution. Key evidence you need to prepare together with your lawyer includes:
- Evidence of separate residence: Current house registration of both parties, condo lease agreements or house lease agreements, or certificates of residence from the juristic person or local village headman.
- Witnesses: Close relatives, close friends, or neighbors who can testify to the court that both individuals have not visited each other or resided in the same house for over 3 years.
- Evidence of lack of communication: Chat history through various applications such as Line, Facebook, or call logs showing that there was no interaction or communication as husband and wife.
Strategy Recommendations from Lawyers: Consult a Family Law Case in Ramkhamhaeng-Wang Thonglang Area
Filing for divorce when the other party does not consent and complex disputes exist—such as division of marital property or child custody rights—requires strategic planning and thinking from an experienced lawyer, ensuring you can start a new life properly while preserving your maximum legal interests.
If you are experiencing issues with a spouse refusing to divorce and need transparent, straightforward advice regarding the chances of winning the case, as well as a clear fee structure, you can contact Yuttithambhibarn Law Office Company Limited to receive assistance from our team of Barrister-at-Law attorneys with over 15 years of litigation experience.
Office Location: No. 573/133 Ramkhamhaeng 39, Phlabphla Subdistrict, Wang Thonglang District, Bangkok 10310 (Conveniently accessible, near Ramkhamhaeng and Lat Phrao areas)
Hotline Phone Number: 09-6985-9545
Email for sending document details: info@yuttithamlaw.com
Frequently Asked Questions Regarding Filing for Divorce (FAQ)
Q: Does living separately for over 3 years automatically result in a divorce?
A: Under Thai law, there is no automatic divorce, regardless of how many years you have been living separately. A divorce is complete only when both parties jointly register the divorce at the District Office or when there is a court judgment ordering the divorce.
Q: If the other party refuses to show up in court on the divorce hearing date, how will the process proceed?
A: If the court has duly issued a summons but the other party defaults and fails to appear in court, the court can conduct the trial and hear the plaintiff’s witnesses ex parte. If the prepared evidence is complete, the court has the authority to render a judgment granting the divorce according to the law.
